SHC directs trial court to announce verdict on Naqeebullah's murder in three months

Denies bail to Ghulam Nazuk, Allahyar, Shakil Feroze and others accused in the case

KARACHI: The Sindh High Court (SHC) issued directives on Friday for the trial court to announce the verdict on Naqeebullah murder case within three months, as it rejected the bail pleas of Ghulam Nazuk and others accused of involvement in Naqeebullah's killing.

A two-member bench, comprising Justice Muhammad Iqbal Kalhoro and Justice Irshad Ali Shah, issued the directives while hearing the bail pleas of Nazuk, Allahyar, Shakil Feroze and others accused in the case.

NAB prosecutor general summoned

Meanwhile, another bench, led by SHC Chief Justice Ahmed Ali Shaikh and comprising Justice Omar Sial, summoned the National Accountability Bureau (NAB) prosecutor general in a personal capacity on a plea seeking the transfer of the NAB inquiry against Iqbal Z Ahmed from Hyderabad to Rawalpindi.

At the hearing, Ahmed's counsel Aitzaz Ahsan, however, withdrew the plea.

Responding to his request, Justice Shaikh asked why the inquiry's transfer was sought. "Are judges more honest in other areas [of the country]?" he remarked.

The NAB prosecutor informed the court that the case had been forwarded to NAB headquarters for its approval to file a reference against Ahmed after the completion of probe into corruption charges levelled against him. Ahmed was accused of embezzling Rs30 billion, he said.

At this, the court said that it should be informed as to how NAB cases would be pursued following the enforcement of NAB Amendment Ordinance, 2019, and directed that the NAB prosecutor general appear before the court in personal capacity on February 11.

Reply sought

In another case, a two-member bench, comprising Justice Syed Hasan Azhar Rizvi and Justice Zulfiqar Ahmad Khan, directed Karachi Development Authority (KDA) officials to submit replies within two weeks, on a plea challenging the change in the status of amenity plots.

The petitioner, Mehmood Akhtar Naqvi, claimed that the status of a park located near Mazar-e-Quaid and multiple others was changed following their inclusion in mass transit projects. However, a verdict passed by the high court prohibited the change in the status of amenity plots, he contended, and the "commercialisation and change in the status is illegal."

He moved the court to annul the amendment in KDA laws, under which the parks' status was changed.

Earlier, a notice was issued to the KDA director general, seeking his reply on the plea, but he had not submitted a reply. The counsel for KDA requested an extension to submit the reply.

At this, the court ordered the KDA officials to submit the reply within two weeks and adjourned the hearing till February 19.

'Criminal patronage'

Another two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed, directed petitioner Iqbal Kazmi to "come prepared" at the next hearing of the plea pertaining to the alleged provision of patronage to criminals by Pakistan Peoples Party (PPP) leaders.

Referring to a report recently released by Shikarpur SSP Dr Rizwan Ahmed Khan, Kazmi said that PPP leader and Sindh Energy Minister Imtiaz Ahmed Shaikh ran a criminal wing and used it against his opponents. The report also concluded that Imtiaz provided shelter to criminals at his guest houses, farms, fuel stations and shops, he added.

Kazmi also mentioned another report, presented by Dr Rizwan to higher-ups, according to which PPP leader Saeed Ghani's brother Farhan Ghani, along with Hassan Natha, ran a network of murderers and drug peddlers in Chanesar Goth.

Kazmi requested the court to order an inquiry into the matter and issue directives for the Election Commission of Pakistan to declare Imtiaz and Ghani ineligible to hold seats in the assembly.

Dissatisfied with the petitioner's reasoning to declare PPP leaders ineligible, the court remarked, "Who exactly do you want to be declared ineligible?"

In an attempt to convince the court, Kazmi stated, "What will become of the national if the ministers continue to provide patronage to criminals?"

At this, the court inquired why he seeked Ghani's expulsion. "What has he done?" it remarked.

"His brother is in contact with drug peddlers," Kazmi replied.

The court, however, dismissed his argument, stating that Ghani could not be declared ineligible due to his brother's misdoings.

It inquired from the petitioner whether he had approached any relevant persons to address his concerns and registered an FIR. Directing him to first approach relevant authorities and then file a petition in the court if no action was taken, the court remarked that SHC was not authorised to take suo motu action.

The court directed Kazmi to "come prepared" at the next hearing.

Meanwhile, hearing another plea challenging Imtiaz's eligibility on similar grounds, the bench sought replies from Imtiaz, ECP secretary, Sindh Assembly secretary and other parties.

The petitioner, Ahsan Ahmed, like Kazmi, referred to the report by Dr Rizwan and, raising questions on his conduct, he alleged that efforts were being made to remove Sindh IGP from his post.

In the plea, he cited the report that mentioned that Imtiaz provided patronage to criminals. The plea stated that Dr Rizwan took "solid measures to curb crime but he faced resistance from Imtiaz." Meanwhile, Imtiaz's front man, Lal Bakhsh Pathan, continues to occupy public and illegally, the plea stated.

It moved the court to order the formation of a joint investigation team on the matter and direct ECP to declare Imtiaz ineligible to hold a seat in the provincial assembly.

The court issued notices to Imtiaz, ECP secretary, Sindh Assembly secretary and other parties, seeking their replies on February 11.

Seeking more judges

The same bench also issued notices to the provincial chief secretary, law secretary and other parties on a plea seeking an increase in the number of session court judges in Sindh.

Naqvi, the petitioner, has maintained in the plea that several posts of session court judges have been lying vacant, causing inconvenience for petitioners. He further said that lack of facilities at the courts worsens matters for the petitioners.

He claimed that the Sindh government and relevant authorities had failed to fulfill their responsibilities and requested the court to issue orders for the appointment of more judges.

At this, the court issued notices to the provincial chief secretary, law secretary and other parties, seeking their replies by February 18.

Local govt autonomy

In the meantime, the bench comprising Justice Rizvi and Justice Khan issued notices to the Sindh Advocate-General, Sindh chief secretary, local government secretary and others on a plea seeking administrative and financial autonomy for local government bodies in Sindh.

At the hearing, petitioner Naqvi moved the court for granting administrative and financial autonomy to local government bodies, in accordance with Article 140-A of the Constitution of Pakistan. He attributed the increase in civic issues to local government bodies not being given sufficient authority.

Issuing notices to the Sindh Advocate-General, Sindh chief secretary, local government secretary and others, the court sought their replies and adjourned the hearing till February 19.